LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Subhodeep (Student)     18 June 2012

Regarding an issue with tenant

hello, myself Subhodeep, i want to have some solution regarding an issue, which is including my father (landlord) and the tenant. We have a 700 sq. ft. flat in 'baishnabghata' area of kolkata and the tenant is residing there since 2001. first of all my father had given the flat to the tenant's father, afterwards he died, and his youger daughter started living in that flat. that time we didnt accept her cheques regarding the rent of the flat, and then she started depositing the money in the rent control office. afterwards, to withdraw the case from the rent control she and my dad made an agreement but without time basis. now, we want to sell the flat to them, but, by finding us in this position she is offering only 4 lakhs, where the minimum cost of any flat of this area is around 15 lakhs. now i need some suggession from any one who is having enough experience in this case, regarding , how we can get out of this problem without having a great loss. 

PLEASE REPLY on my mail id. bhattasali.subhodeep@gmail.com



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 June 2012

 

With the passing of the West Bengal Premises Tenancy (Amendment) Bill on Wednesday, the lawmakers made an attempt to resolve an old urban conflict.

The Bill legalised the tenants' virtual right to inheritance, while it assured landlords a "fair" rent and made tenants share the municipal tax burden. The amendment was needed since the original Act of 1997 remained contentious even after being scrutinised by the select committee twice.

Though the Treasury and Opposition benches were free from bickering, apprehensions about a future clash of interests were not amiss. Opposition member Saugata Roy wanted the government to seek more opinions from the groups concerned. "We have tried our best to strike a balance. If needed, more amendments can be considered in future," said land and land reforms minister A.R. Mollah.

The worries of the trading community were addressed in the new law as their children and dependents have been given the right to continue as tenants. Even "a person authorised by the tenant" would enjoy the same. However, many members on both sides expressed apprehension about misuse of this provision.

"It will help local toughs to grab the house of many hapless landlords," said Asit Mitra of the Congress. Trinamul's Tapas Roy feared that the traditional Bengalis would be pushed out of the city.

Mollah said that the law would protect the tenants from eviction as it would be difficult for landlords to get their possession vacated. The landlords' plea has to be "reasonable" and mere need of space for married children would not suffice, he added. Further, the landlords' submission would not be considered if they have an alternative accommodation within 10 km.

Listing his sops to landlords, he said rent lease deeds, registered after the new Act is in vogue, would not come under the purview of tenancy Act.

Eviction would be permitted if the tenant was found not living in the rented place for 10 months in a year. Rents deposited with the controller's office can be withdrawn at any time. Present rents would be increased substantially and five per cent rise will be allowed every three years. According to the Bill, the increase will be five times for commercial tenants holding business for 20 years in a building built in 1984 or earlier. It will be three times if the period of occupation is 10 years or more.

Subhodeep (Student)     19 June 2012

Sir, thank you for your reply and considering my post. actually sir, my father is very sick and he is suffering from neurological disease. he has only 2 yrs of job left, and I am also a graduate now. so, this issue has became a headache for us and we want to get out of this. Sir, there was a point in ur reply that ' there should not be any residence within 10km from that house' but we are having my grandfather's house near by it. can you plz suggest any option to me which can help us to get out of this problem!! we dont wanna get into court case. i was thinking that selling the flat with the tenant itself. will that be good option?? i will be waiting for ur reply. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register